BAIDYA NATH SINHA SON OF LATE RAM SURAT SINGH Vs. UNION OF INDIA THROUGH COMPTROLLER & AUDITOR GENERAL OF INDIA

JUDGEMENT

(1.) Petitioner was applicant before the Central Administrative Tribunal, Patna Bench, Patna ("CAT" for brevity). O.A. 392 of 2011 was filed after two years of his retirement to give him the benefit of non-functional pay-scale of Rs. 8000-13500 w.e.f. 24.06.2005, since from that date such a pay-scale was extended to Private Secretaries of CAG Headquarters Office in New Delhi as a fall out of DOP & T's order, dated 24.06.2005. He made several representations before the authorities, but they were rejected on the ground that the pay-scale of Rs. 8000-13500/- was admissible to Private Secretaries of Central Secretariat Stenographers Services as per DOP & T's order, dated 24.06.2005 and not for the field offices or staff. The Tribunal having heard the matter, both on limitation and the merit, dismissed the O.A. application, vide, order, dated 05.05.2015, and, therefore, this writ application.

(2.) Learned counsel representing the petitioner makes similar, if not identical submissions, which were made before the CAT that there is no difference between Private Secretaries, working in the field viz-a-viz the Private Secretaries, working in the CAG Headquarters in New Delhi. It is a case of discrimination and, therefore, the Tribunal was in error by dismissing the OA, both on the ground of limitation as well as on merit.

(3.) The stand of the respondents before the CAT as well as before this High Court is that "that CAG Headquarters office in Delhi is a policy making body, which is treated as Secretariat, whereas the field offices are the executive offices that execute the policies framed by the Headquarters and are treated as non-secretariat formations" and "that the equation between posts and pay is best left to the executive domain. In view of the different nature of role of CAG Head office and various field offices under CAG, the work of the employees and staff are not of equal value. Accordingly, except the Indian Audit Accounts Services Group "A", there are separate recruitment rules and pay-scale structure for Headquarters and the field offices for Group "B", "C" and "D' employees".